Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4191 of 2021 Petitioner :- Awadhram @ Raja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jawahar Lal Maurya,Ram Naresh Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Jayant Banerji,J.
Sri Ram Naresh Singh, learned counsel for the petitioners and Sri G.P. Singh, learned counsel for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 29.08.2018 in respect of Crime No. 238 of 2018 for the offence under Sections 363, 366 of I.P.C., P.S. Khaga, District Fatehpur.
Learned counsel for the petitioners submits that petitioners have performed marriage on 13.11.2018 and out of the wedlock, they have now an issue also. He further submits that there is every likelihood of matter being amicably settled between the parties, however, if petitioner no. 1 is arrested, chances of amicable settlement would be bleak.
On instructions learned counsel for the petitioners, wants to withdraw this petition with liberty to file appropriate application seeking anticipatory bail before the competent Court on behalf of petitioner no. 1. It has been argued that in the eventuality of filing any anticipatory bail application by petitioner no. 1, the competent court be directed to decide the same expeditiously considering all the aspects of the case including the factum of marriage of the petitioners and that they have now an issue also.
State counsel has no objection to this proposition. He, however, submits that discretion be given to the trial court to decide the anticipatory bail application in accordance with law.
Petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Needless to state that in the eventuality of filing any anticipatory bail application by the petitioner no. 1, the competent court may decide the same expeditiously in accordance with law considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 SK Digitally signed by Justice Jayant Banerji Date: 2021.07.29 10:11:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Pritinker Diwaker Date: 2021.07.29 10:16:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad